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Ex parte Wilkinson

The trial court abused its discretion by disregarding Dr. Grace Graham's expert testimony and implicitly finding that Theodore Wilkinson was competent at the time of his plea hearing. Fort Worth Court of Appeals, No. 2-06-298-CR

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OPINION

Appellant Theodore Wilkinson appeals from the trial court’s denial of his application for writ of habeas corpus filed pursuant to article 11.072 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC.ANN. art. 11.072 (Vernon 2005). In two issues, Appellant argues (1) he was incompetent to stand trial when he pleaded guilty to attempted burglary and (2) his appointed counsel at the time of the plea hearing rendered ineffective assistance by failing to request a competency hearing. We grant his requested relief and reverse and remand.

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